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Delaware courts’ reliance on non-legal experts for dispute resolution is concerning
Delaware needs to fix a broken dispute resolution process affecting Delaware-governed contracts, particularly M&A agreements, to avoid losing its corporate status.
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The disposition, treatment and application of alternative dispute mechanisms in Delaware contracts is fundamentally broken. The inclination, desire and almost reflexive attitude of many Delaware courts to transfer decision-making under Delaware-governed agreements to non-legal forums and professionals incapable of advising or legally opining on Delaware law leads to improper determinations that distort Delaware corporate law. The situation is especially flawed with D...